How France’s sexual harassment law took a five-week hiatus

The suspension of the old law created a "dangerous void".

On 4th May of this year, France dropped its existing sexual harassment law. Yesterday, on 12th July the French Senate voted unanimously in favour of the new legal text on harassment. No, there’s no evidence of a spike in opportunist pestering and molesting in the period between the old law being dropped and the creation of the new law. Still, as busy as the French political system was with the transition to Hollande’s Presidency and the inauguration of the new Parliament, the question remains: how, exactly, did the legal right to not be harassed manage to go on a five-week holiday in France?

The issue began in the dying days of Sarkozy’s Presidency when the sexual harassment law, enacted in 1992 but modified in 2002 to broaden its meaning, was increasingly criticised and challenged in the courts for being insufficient – the 2002 legislation defined sexual harassment as “the act of harassing others to gain sexual favours”, a problematic and confusing definition (much sexual harassment and intimidation can take place without the harasser explicitly seeking sex from the victim, for instance) that France’s constitutional council declared the existing legislation inadequate, leading to its immediate suspension. As the National Assembly, who write the law, were elected in June, the transition-period left the old law suspended but the new law yet to be written.

Feminist groups in France had been arguing that the law was nearly useless, and being inappropriately used to downgrade crimes such as rape and sexual assaults: in this sense the new 2012 law, which presents three new tiers of protection for victims, is a clear improvement. Still, this eventual benefit was marred by the immediate concern of the legal purgatory the constitutional council’s suspension of the old law created, and women’s groups took to the streets to protest this oversight.

Because for all the dubious jokes about the interim period being a brief window of opportunity for the office letch, there were serious consequences to the legal hiatus: with no recourse to legal tools to prosecute, all ongoing harassment cases were dropped, including for sexual assault.  The highly imperfect temporary solution was for victims’ lawyers to look for other grounds for prosecution.  The new minister for women’s rights, Najat Vallaud-Belkacem, has since condemned the interim period as a “dangerous void” and made facilitating the new law’s passage her one of her first ministerial priorities.

Vallaud-Belkacem’s commitment is sorely needed after France’s recent international shame on sexual politics.  2011will forever go down as the annus horribilis of gender issues (or just the year of Are You Serious, Misogynists?) in France: on top of the Strauss-Kahn trial itself, the domestic media’s mishandling of “affaire DSK” increased global scrutiny of the country’s glaring gender inequities, while the Socialist Party (PS) primaries brought an unhappy reminder of the flagrantly misogynistic treatment of PS candidate Segolene Royal in 2007.  Little wonder that, by the end of 2011, protest group La Barbe were making international headlines for donning beards and damning the entrenched sexism in French society and politics.

With a new Presidency and Parliament, 2012 looks set to capitalise on the renewed concern for gender issues ignited by the DSK events, as the appointment of Najat Vallaud-Belkacem – who has a brief to address harassment and sexism as well as reverse the Sarkozy-era encroachments on women’s benefits – seems to indicate.  Hollande’s appointment of equal numbers of male and female ministers to his cabinet, while not in itself a guarantee that the government’s legislation will advance women’s rights, certainly signalled a recognition of the need to redress the gender-gap.   Hollande and the Minister of Justice have since echoed the Women’s Rights Minister’s assertion that combatting sexism will remain a priority.  As Vallaud-Belkacem said in a recent Guardian interview: "everything will be looked at through the prism of gender equality. If we see an imbalance, we will readjust it.”

The “dangerous void” left by the repeal of the sexual harassment law was a less than ideal start to a new era but one which, thankfully, appears to be being addressed promptly by Vallaud-Belkace. With a new Women’s Rights Minister and a gender-equal cabinet, the country now has a chance to recover from the sexist-nadir that was 2011. For your political elite to be roundly condemned as misogynist might be regarded as misfortune; misplacing your sexual harassment legislation begins to look like carelessness. Here’s hoping women’s rights in France continue to improve from this point.

 

A member of activist group La Barbe onstage at a recent event. Photograph: Getty Images
Photo: Getty
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Is Scottish Labour on the way back, or heading for civil war?

There are signs of life, but also recriminations.

The extraordinary rise of the Scottish Tories and the collapse in SNP seat numbers grabbed most of the headlines in the recent general election. Less remarked on was the sudden, unexpected exhalation of air that came from what was thought to be the corpse of Scottish Labour.

In 2015, Labour lost 40 of its 41 Scottish seats as the SNP rocketed from six to 56, was wiped out in its Glaswegian heartlands, and looked to have ceded its place as the choice of centre-left voters – perhaps permanently – to the Nationalists. But while the electorate’s convulsion in June against the SNP’s insistence on a second independence referendum most benefited Ruth Davidson, it also served to reanimate Labour.

The six seats grabbed back (making a total of seven) included three in the West of Scotland, proving that the Nat stranglehold on Labour’s territory was not quite as secure as it had seemed. There is, it appears, life in the old dog yet.

Not only that, but the surprise success of Jeremy Corbyn across the UK has stiffened Labour’s spine when it comes to insisting that it, and not the SNP, is the rightful home of Scotland’s socialists.

Corbyn was largely kept south of the border during the election campaign – Kezia Dugdale, the leader at Holyrood, had supported Owen Smith’s leadership challenge. But in August, Corbyn will embark on a five-day tour of marginal SNP constituencies that Labour could potentially take back at the next election. The party has set a target of reclaiming 18 Scottish seats as part of the 64 it needs across Britain to win a majority at Westminster. The trip will focus on traditional areas such as Glasgow and Lanarkshire, where tiny swings would return seats to the People’s Party. Dugdale is no doubt hoping for some reflected glory.

Corbyn will present himself as the authentically left-wing choice, a leader who will increase public spending and invest in public services compared to the austerity of the Tories and the timidity of the SNP. “Labour remains on an election footing as a government-in-waiting, ready to end failed austerity and ensure that Scotland has the resources it needs to provide the public services its people deserve,” he said. “Unlike the SNP and the Tories, Labour will transform our economy through investment, insisting that the true wealth creators - that means all of us – benefit from it.”

The SNP has benefited in recent years from the feeling among many north of the border that Labour and the Tories were committed to differing shades of a similar economic programme, that was starving public services of cash and that paid little attention to Scottish desires or needs. But as the Nats’ spell in government in Edinburgh has worn on, first under Alex Salmond and now Nicola Sturgeon, with little being done to tackle the nation’s social problems, patience has started to run out.

Dugdale said yesterday that she “looked forward to joining Jeremy in August as we take our message to the people of Scotland”. That’s not a sentiment we would have heard from her before June. But it does raise the future spectacle of Davidson’s Tories battling for the centre and centre-right vote and Labour gunning for the left. The SNP, which has tried to be all things to all people, will have to make a choice – boasting that it is “Scotland’s Party” is unlikely to be enough.

The 20th anniversary of the referendum that delivered the Scottish Parliament is almost upon us. Then, Scottish Labour provided the UK and the Westminster government with figures of the stature of Gordon Brown, Robin Cook, Donald Dewar and George Robertson. That was a long time ago, and the decline in quality of Labour’s representatives both in London and Edinburgh since has been marked. The SNP’s decade of success has attracted much of the brightest new talent through its doors. Young Scots still seem to be set on the idea of independence. Labour has a credibility problem that won’t be easily shaken off.

But still, the body has twitched – perhaps it’s even sitting up. Is Scottish Labour on the way back? If so, is that down to the SNP’s declining popularity or to Corbyn’s appeal? And could Dugdale be a convincing frontwoman for a genuinely left-wing agenda?

There may be trouble ahead. Yesterday, the Scottish Labour Campaign for Socialism – whose convener, Neil Findlay MSP, ran Corbyn’s leadership campaign in Scotland – accused Dugdale of “holding Corbyn back” in June. A spokesperson for the group said: “While it’s great we won some seats back, it’s clear that the campaign here failed to deliver. While elsewhere we've seen people being enthused by ‘for the many, not the few’ we concentrated on the dispiriting visionless ‘send Nicola a message’ – and paid a price for that, coming third in votes and seats for the first time in a century. In Scotland we looked more like [former Scottish leader] Jim Murphy’s Labour Party than Jeremy Corbyn’s – and that isn’t a good look.”

While the group insists this isn’t intended as a challenge to Dugdale, that might change if Corbyn receives a rapturous reception in August. We’ll learn then whether Scotland is falling for the high-tax, high-spending pitch that seems to be working so well elsewhere, and whether Scottish Labour has jerked back to life only to find itself staring down the barrel of a civil war.

Chris Deerin is the New Statesman's contributing editor (Scotland).